NYC becomes first city to mandate vaccinations for private-sector workers
The mandate, which goes into effect Dec. 27, is a “preemptive strike” to head off a potential upsurge in cases.
(Bloomberg) –New York City Mayor Bill de Blasio said the city will become the nation’s first to impose a vaccine mandate on private-sector workers starting on Dec. 27, characterizing it as a “preemptive strike” to head off a potential upsurge in cases in the face of the new omicron variant.
His office said in a statement Monday that the mandate will cover roughly 184,000 businesses.
The city is also strengthening the vaccine rules for indoor dining, entertainment and fitness, which currently require people to have received at least one dose, to permit access only for those 12 and older who are fully vaccinated. Children ages 5 to 11 will need to show proof of one dose of the vaccine starting Dec. 14.
De Blasio said the steps are needed to prevent the virus from gaining ground, saying the city can’t afford to see the types of lockdowns that are emerging in countries like Germany.
“We cannot let those restrictions come back — we cannot have shutdowns here in New York City,” he said during a press conference.
Business push back
The mayor’s decision caught some businesses by surprise and may face legal challenges, as President Joe Biden’s efforts to require vaccinations have.
“Inconsistent policies at the federal, state and city levels are not helpful and it is unclear who will enforce a mayoral mandate, and whether it is even legal,” said Kathryn Wylde, the President and Chief Executive Officer of the Partnership for New York City, a business group. “It is hard to imagine that the mayor can do what the President is being challenged to accomplish.”
De Blasio, who will leave office shortly after the new mandate takes effect, said the order would be issued by his health department. The statement from the city said enforcement and accommodation guidance will come on Dec. 15.
A post-Thanksgiving rise in Covid-19 infections in New York City and the detection of the first few cases of the omicron variant threatens to slow the city’s economic recovery. While the omicron cases so far appear to be unrelated, according to Governor Kathy Hochul, officials have warned people to assume the variant is already being transmitted locally.
De Blasio said the city needs to “get ahead of this problem before it deepens.”
“It’s not something we can’t handle; we have the tools, but we have to use those tools aggressively,” he said.
Mask rules strengthened
New York City last week strengthened its recommendation for residents to wear masks indoors regardless of vaccination status and announced additional vaccine mandates on childcare workers and private-school employees. The city earlier required all municipal workers get shots.
Many large employers in the city are already requiring staff be vaccinated to return to offices, including Goldman Sachs Group Inc. and Morgan Stanley.
The Biden administration has attempted to impose a private-sector vaccine mandate, but is facing legal challenges. A federal court halted the administration’s rule forcing private employers to require Covid-19 vaccines or tests, and another federal court will hear the consolidated case against the mandate. Separate cases involving requirements for health-care workers and federal contractors also are being litigated.
A spokesman for Mayor-elect Eric Adams, Evan Thies, said the incoming mayor “will evaluate this mandate and other Covid strategies when he is in office.”
When asked about potential legal challenges to a New York City mandate on private workers during an interview on MSNBC, de Blasio said he’s confident the city will prevail, noting other vaccine requirements the city has imposed that have won in courts.
“Vaccine mandates are the one thing that really breaks through,” de Blasio said. “Let’s lean into it even more.”
NYC is a global leader when it comes to #COVID19 recovery. We’ve proven that with vaccine mandates and incentives, we can beat this virus.
Now we’re taking another step towards the future — a private sector employee vaccine mandate. Together we can save lives and move forward. https://t.co/SjxNUla4oJ
— Mayor Bill de Blasio (@NYCMayor) December 6, 2021
–With assistance from Katia Porzecanski.
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